Notes

Outline

Consultation with Employees Mike Everley Cambrian Safety Consultancy

1960’s And the words of the prophets are written on the subway walls and tenement halls and in the sounds of silence. (Paul Simon)

Reasons for Health and Safety Consultation Legal reasons. Economic reasons. Humanitarian reasons.

Legal Reasons European Framework Directive on Health and Safety. Safety Representatives and Safety Committee Regulations. Health and Safety (Consultation with Employees) Regulations.

European Framework Directive on Health and Safety 89/391/EEC Based upon Article 118A Treaty of Rome (now Article 137 Treaty of Amsterdam) which includes provision of information and consultation with workers. Contribution and involvement of workers and their representatives through balanced participation.

Article 11 Consultation is to be advance and in good time. Consultation to cover any measure which substantially affects safety and health, designation of workers, information provision, appointing of external services and the planning and organisation of training.

Article 11 (continued) Workers must be given the right to ask for and propose appropriate measures to mitigate hazards, must be allowed time off with pay to exercise their rights and functions, to liaise during inspection visits by inspectors and may not be placed at a disadvantage.

Safety Representatives and Safety Committee Regulations 1977 Extend and amplify Sections 2(4), 2(6) and 2(7) of the HSW Act. Apply where there are recognised trade unions. Are extended by the MHSWR which added Regulation 4A on consultation matters.

Health and Safety (Consultation With Employees) Regulations 1996 Apply to all employers. Can rely on Safety Representatives where a recognised trade union. Otherwise the employer must either consult employees directly or arrange for the election of Representatives of Employee Safety.

Economic Reasons Improvement in morale. The creation of a “learning” organisation. Development of a positive culture. Identification of and reduction in organisational losses.

Self-Regulation According to Robens, consultation is one of the three pre-requisites for self-regulation. The other two being risk assessment methodologies and a positive culture. Robens also stressed the need for internal policing.

Robens Philosophy The primary responsibility for eliminating and reducing risk lies with those who create it (employers) and those who work with it (employees). Obvious links here to consultation and risk assessment.

HSG65 Positive Culture The following four Cs being necessary: Control. Communication. Co-operation. Competence.

Learning Organisation A learning climate needs to be developed in which experiences, whether successful or not, are rapidly assimilated by others and form the basis of learning how to cope with change. World class organisations continually learn and form creative individuals and teams.

Revans’ Formula To survive, an organisation’s rate of learning must be equal to or greater than the rate of change in the external environment. A need to invest in people in order to empower them to learn actively.

Risk Assessment - Loss Control Need to consult with staff during the risk assessment process. Risk assessment is a key part of loss control. Failure to consult will reduce the effectiveness of the risk assessment process.

Humanitarian Reasons Treat people as ends rather than as means to an end. Commodities. Dangers of Human Resource Management. Dangers of Risk rather than Safety Management.

Risk Management Along with Health and Safety Management it involves: Risk avoidance. Risk transfer.

What Needs to be Consulted Upon The introduction of measures which substantially affect the health and safety of employees. The arrangement for nominating competent assistance and persons for dealing with serious and imminent danger. Any health and safety information required to be provided by law.

What Needs to be Consulted Upon (continued) The planning and organisation of any health and safety training. The health and safety consequences of the introduction, including its planning, of new technologies.

Information As a general rule, employers need to make necessary information available to employees or their representatives in order for them to participate effectively. The key European requirement being balanced participation.

Information - Consultation According to HSE, the main difference between providing information and consulting with employees is that “consultation involves listening to their views and considering what they say before any decision is taken”. Old management saying - you have two ears and one mouth, use them in that percentage!

How to Consult Directly with each employee. Via a trade union Safety Representative. Via a non trade union Representative of Employee Safety.

How to Consult (continued) Briefing meetings. Talk and listen to employees at all times. Employees need to be aware of: When their views are being sought. How they can give their views. Their right to take part in health and safety discussions.

New Proposals Repeal of HS(CWE)R and SRSCR. New legislation on consultation. Provisional Improvement Notices (PIN). Roving Safety Representatives.

Benefits of Consultation

Benefits of Consultation (continued)

HSG65 Again "Participation, commitment and involvement in health and safety activities at all levels is essential, not only to fulfil legal obligations for consultation, but also to achieve effective risk control. Pooling knowledge and experience is a key aspect of risk control. Participation complements control in that it encourages the `ownership` of health and safety policies by employees at all levels...".